This essay responds to an article by Professors Boudreau, Lupia, McCubbins, and Rodriguez (hereinafter quot;BLMRodquot;) that was posted in Legislation and Statutory Interpretation Abstracts on July 26, 2007, (http://ssrn.com/abstract=997924) and that will appear in the San Diego Law Review,...

This Article offers a comprehensive examination of the Skidmore standard for judicial review of agency legal interpretations as applied by the courts in the period since the Supreme Court revitalized Skidmore in United States v. Mead Corp. First, the Article documents an empirical study of five...

As jurisdictions have begun to regulate laymen and attorneys practicing as mediators, few have provided guidelines for judges serving as mediators. Decisiveness and the willingness to use the authority of office may be the very traits which make judges effective dispute resolvers and...

The term show trial surfaces frequently in discussions of the trial of Saddam Hussein, but the term's meaning is not clear. This Article proposes that show trial be defined by the presence of two essential elements: a heightened probability of the defendant's conviction, and a focus on the...

This paper explores the construction of early twentieth century Canadian legal professionalism as the workings-out of Britishness understood through the lenses of cultural history, cultures of imperialism, and gender relations. It provides a case study in the histories of professionalism in a...

This piece examines the first major test of provisional voting after the enactment of the Help American Vote Act of 2002 (HAVA). The 2004 presidential election demonstrated the HAVA system of provisional voting is seriously underdeveloped, in large part because of ambiguities and gaps in HAVA...

This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations are promulgated pursuant to specific authority delegated in a...

A Pragmatic Justification of the Judicial Hunch argues that Judge Joseph Hutcheson's famous hunch theory of judicial decision making provides a compelling solution to the daunting task of judicial decision making in an age noted for an increasing explosion of factual complexity and an increasing...

This written statement addresses several of the questions raised regarding the potential legalization of betting and gambling in India. Of the five questions posed in the Appeal, dated May 30, 2017, I address only the first two: 1) “Will legalizing betting and gambling help in curbing the...